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We have a format with the case can you please follow it below; case name (plaintiff vs defendant), who is plaintiff and defendant, what charge,

We have a format with the case can you please follow it below; case name (plaintiff vs defendant), who is plaintiff and defendant, what charge, the argument for the plaintiff and defendant and final opinion (reinforce with legal concepts).

CASE 1

A bank embarked on a recruitment campaign of university graduates, and Francis, a recent graduate applied for a position. Francis was interviewed by the bank, and following the interview, the bank offered Francis a position by letter which set out a salary, and a starting date. Francis accepted the position by return mail.

A few days after Francis began work for the bank, he was called into the Manager's office and presented with an employment contract that contained a confidentiality clause, and a proviso that either party could terminate the contract on three month's notice, or in the case of the bank, payment of three month's salary and accrued benefits. Francis signed the agreement.

Francis worked for the bank for almost fifteen years, moving from the position of trainee through various promotions to the position of Branch Manager of a small branch of the bank. Some month's later, he had a disagreement with the Regional office of the bank over the quality of certain loans he had made to local businesses, and his employment was terminated. On termination, he was paid three month's salary and his accrued benefits.

A week later, Francis instituted legal proceedings against the bank for wrongful dismissal.

What might be the basis of the claim for wrongful dismissal? What likely response would the bank make to his claim? Render a decision.

CASE 2

Henri was employed as an executive chef at an exclusive restaurant for many years. He was internationally famous for many of his gourmet dishes, and was the author of several books on gourmet cooking.

A small chain of exclusive hotels wished to incorporate gourmet restaurant facilities in each hotel as an added incentive for executives and wealthy clientele to patronize its establishments. Henri was approached by the President of the hotel chain and offered the opportunity to manage the gourmet restaurant facilities throughout the chain, and to assume responsibility for all aspects of the operation. Henri accepted the position, and proceeded to set up the restaurants at each hotel, to hire and train the new staff, and to plan all menus and food management.

The restaurants proved to be a great success initially, and for several years proved to be a significant contributor to the profits of the hotel chain. A downturn of the economy, unfortunately, affected the hotel industry generally, and the small chain in particular. In an effort to economize, the President approached Henri with a request to reduce the costs of operation of the gourmet restaurants through staff reductions, and the use of lower cost food ingredients. Henri refused, and in the heated discussion that followed, Henri was terminated for insubordination. Henri then instituted legal proceedings against the hotel chain, claiming wrongful dismissal.

Outline the positions of each of the parties in this case. How might the court consider these arguments? Render, with reasons, a decision.

CASE 3

A medical clinic that had been established for many years advertised in the medical press for an obstetrician. Silvano, a medical specialist, answered the advertisement. Following an interview, Silvano was employed by the clinic and signed an employment contract that contained the following clause:

Should the employment of the Party of the Second Part by the Parties of the First Part terminate for any reason whatsoever, the Party of the Second Part COVENANTS AND AGREES that she will not carry on the practice of medicine or surgery in any of its branches on her own account, or in association with any other person or persons, or corporation or in the employ of any such person or persons or corporations within the City or within ten kilometres of the limits thereof for a period of five years.

Silvano worked well with the other doctors at the clinic, and developed a good reputation with the patients at the clinic, but after some years, an argument arose between Silvano and one of the founders of the clinic. As a result of the argument, Silvano resigned. She immediately set up a practice in the same city in an office building located across the street from the clinic. The clinic continued to operate without the services of Silvano and later brought an action for damages and an injunction against her.

Discuss the factors the courts should consider in deciding this case.

Render a decision.

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